Research On The Legal System Of Urban Gas Safety Supply In China

Since entering the new century,China's urban gas industry has firmly grasped a series of major reform dividends and development opportunities,such as urbanization construction,the implementation of Public Utilities Franchise System,the reform of oil and gas market system,and environmental pollution control,and achieved unprecedented leap forward development.With the rapid development of urban gas,the problem of safety supply has become increasingly prominent.At present,the total amount of urban gas demand is increasing sharply and the structure is polarized,and the peak coefficient is more prominent under special scenarios.However,the growth rate of the actual supply volume of the source is lower than the expected growth of the terminal consumption;meanwhile,the peak load adjustment capacity of the transmission and distribution reserve and the supply capacity of the main body of the terminal market are insufficient,which makes it impossible to supply the terminal market stably and timely even if the new gas source is solved.Especially,the infrastructure construction and operation,the overall warning and prediction of the industry,and the level of emergency management are not high,and the ability to cope with special situations is seriously inadequate.Therefore,the key to achieve the goal of safe supply of urban gas is to optimize and perfect and strictly implement the relevant system.The performance of legal system lies in leading the protection of practice.The optimization and perfection of legal system should point to and respond to the practical problems.The overall idea of this paper is to analyze the specific problems affecting the safety supply of urban gas,and through the cocoon and step by step,the paper studies and determines the deep and fundamental legal system problems affecting the safety supply of urban gas in China;based on the multi-disciplinary basic theory,the theoretical tools of the legal system are constructed to strive to compete and monopolize the overall national security view The market structure theory evaluates the legal system of urban gas safety supply under normal situation;examines the legal system of urban safety supply under the emergency state of special situation by cooperation and game theory;meanwhile,it studies the development of urban gas industry and legal system reform process of the UK and the United States,namely the EU,and tries to reach the regular conclusion of realizing the safety supply of urban gas;finally Based on the theoretical tools and foreign experiences,based on the actual environment of urban gas safety supply in China,the paper puts forward countermeasures and suggestions to solve the problems affecting the safety supply system of urban gas from two aspects: normal situation and special situation.In addition to the introduction,this paper is divided into the following five chapters.The first chapter is the starting point of the full text formal discussion.On the basis of defining the concept of urban gas safety supply,this paper analyzes the problem of urban gas safety supply and the institutional causes behind it,and determines the scope of legal issues in this paper according to the characteristics of economic law.Because of the complexity of the history and reality of the city gas industry,the concept of urban gas itself is controversial.Based on the objective reality of urban gas development and the need of ensuring the safety supply,the understanding of urban gas is as follows: first,the gas source type of urban gas is mainly natural gas,the key to the safety supply of urban gas is to realize the safe supply of urban natural gas as fuel.Therefore,if there is no special emphasis on urban gas,it is natural gas.Secondly,the main body of urban gas supply,whether it should be or is true,is not only the city gas company,but also the main body that provides gas services to the city by direct supply and point supply.Third,the urban gas supply object should include all the users who use natural gas as fuel in the city,but it is necessary to make scientific and accurate norms on the user priority and gas supply sequence through legal norms.Combined with the literature review and the concept of urban gas,the author thinks that the safe supply of urban gas refers to the state that under the effective management of the government,the main body of urban gas supply can effectively meet the gas demand of different supply objects and support the stable and healthy and sustainable development of urban social economy.The so-called different scenarios can be divided into normal scenarios that the safety and smooth operation of gas supply chain system,the total demand and structure(peak coefficient)basically meet the expectations,and the special situation that the total demand increases or structure polarization is caused by the factors such as sharp decrease of supply capacity and extreme weather and gas policy caused by safety production accidents.The urban gas supply system includes three subsystems: upstream gas source development and acquisition,peak load regulation of middle reaches transmission and distribution reserve and downstream terminal sales and utilization.As the current urban gas has entered the natural gas era,the factors affecting the overall safe and efficient operation of the urban gas supply system are not only in the corresponding cities,but also outside the cities and even outside the country.Therefore,the study of the safety supply of urban gas must not be confined to the urban area within the city gas gate station,but must improve the station position,broaden the vision,and put the safety supply of urban gas in the national and even the world natural gas supply situation planning and thinking.The current practical problem of urban gas safety supply is that the supply potential of upstream natural gas resources has not been fully stimulated,and the supply capacity construction of transmission and distribution,reserve and peak adjustment in the middle reaches still needs to be strengthened.The safety supply of downstream gas terminal market is facing challenges,and these problems are interwoven and mutually causal.The author classifies these problems into three levels: one is the phenomenon of dilemma which is directly displayed,the other is the specific problem that leads to the dilemma phenomenon,and the third is the deep system problem that causes the specific problems.the author combs the current situation of the relevant system construction in detail and analyzes the legal system dilemma faced by the safety supply of urban gas.In terms of comprehensive legal system,there are only two normative documents,namely,opinions on oil and gas system reform and opinions on coordinated and stable development,and there is no stable legal system.There are five problems in the upstream gas market,the mineral resources law and its implementation rules can not meet the needs of marketization;the two management methods of mineral rights registration strengthen the institutional barriers to the entry of the upstream market;the legal system of foreign cooperation has become an obstacle to the deepening of cooperation and development,and conflicts with the relevant legal system of foreign investment;there are some related systems of transfer of mining rights Conflict;the opinions on Reform of mineral resources management are not comprehensive and systematic.There are three problems in the middle reaches of pipeline transportation market,and the access and approval system for infrastructure investment and construction still needs to be improved;the access and supervision system of Fair opening service needs to be optimized;the construction and operation measures and fair opening measures are not fully applied,excluding urban gas facilities.There are five problems in the downstream sales market,such as the inconsistent access system between urban gas enterprises and direct supply and point supply operators;unclear legal basis for franchise system;inconsistent rights and obligations of different market entities;unreasonable gas terminal price system;imperfect market operation supervision system.In the special situation response,the responsibility and incentive mechanism of reserve capacity construction are not perfect;the infrastructure interconnection system needs to be improved;the construction of emergency response system for safety supply is relatively lagging behind;and the special peak adjustment user management measures on the demand side have not been formulated.The legal problems of gas safety supply have three characteristics.First,there are four more than four less in the system structure.There are many low-level rules and normative documents,few high-level laws and regulations,more professional systems and less comprehensive systems,more front-end supply systems and fewer end market systems,more normal scenario systems and less standardized special situation systems for regulating gas safety supply.Second,there are three more than three less in the design of system content.The principle requires more,the operation arrangement is less,the matter is discussed more,the depth design is less,the administrative means is more,the market mechanism is less.Third,there are two more and two less in the performance of system function.The regulations are more and the enforcement is less;the consolidation of reform results is more and the reform and development is less led.Because there are many legal norms and legal disciplines related to the safety supply of gas,this paper is defined as economic law,and more studies are carried out from the perspective of economic law and economic supervision.The second chapter is the theoretical basis of the whole text,mainly based on the existing urban gas safety research theory of the system of the lack of deep political and economic background analysis,response to the reality is not strong enough,and so on,put forward the basic theoretical tools of this paper.For a long time,the legal system design of the safety supply of urban gas in China has been faced with the problems of loose basic theories,chaos and no system.The legal system is the system conversion of the overall top-level safety design including the safety supply of urban gas.Only under the rational control,the real logic behind the appearance of social life is accurately revealed,and translated into the language of law in a more close way to the objective law.The above objective laws can be served for legislative purposes by careful guidance of the objective rules according to the situation through the structural setting of power,rights,obligations and responsibilities,which can be used to serve the legislative purposes.Therefore,the first work of the design of the legal system of urban gas safety supply is not to elaborate the stack of gas technical specifications or legislative techniques such as legal form and language,but to understand the object of the regulation and adjustment of the relevant legal system from the multidimensional level of the real logic of the urban gas safety supply,and then sublimate it by reason Refining and summarizing,this is the basic rational premise of all legal system design work of urban gas safety supply.Within the scope of my research,there is little logic connection,self-contained basic theory of urban gas supply safety,no integrated control of basic theory,and the design rationality of relevant legal system is not enough,which is necessarily reflected in the scattered,disordered and inefficient governance of the legal system of urban gas safety supply.There are some problems in the basic theory that the background of social subsystem such as politics and economy embedded in the safety supply of urban gas is not enough.The syllogism logic research of traditional doctrinal law is easy to forget in the small premise attached to the general principle and the special statement deduced from deductive reasoning.It takes the more fundamental general principle(the big premise,or how the legal provisions)as the proper existence of the reason,let alone the right and wrong to evaluate the big premise from the macro system overall perspective.The theory of system design suggests that the feasibility and effectiveness of rules construction including legal system depend on the political,economic and social background embedded in it.The fundamental understanding of institutional design needs the theory of system and institutional change." This deep understanding of the embedded background is not based on the research of other mountain rocks such as energy economics,regional economics and even natural sciences,which makes it difficult to take advantage of the jade attack.To extract the English and integrate in these fields is a difficult research route for the researchers of energy law in the traditional sense.However,the legal doctrine,formalism research method,omitting the discussion of the premise,will inevitably inevitably be " immediate "responding to the scene " and " law for the law " academic criticism.There are some problems in the basic theory's lack of response to reality.It is necessary to coordinate the coordinated development of new energy such as renewable energy and traditional oil and gas fossil energy;it is necessary to solve the obstruction and protect the navigation in the industrial chain links of production,supply,transmission,storage and distribution;it is urgent to solve the obstruction and protect the navigation;it is urgent to meet the needs of national and civil capital We should build a multi-element gas emergency system together,and we need to rely on the broad market prospect,and take scientific and technological innovation as the guide to stack up the wave of infrastructure construction of urban gas safety,and jointly guarantee the safety of urban gas supply.Energy supply security is an important part of the new energy security strategy of "four revolutions and one cooperation",and it is one of the foundation of economic security in the national overall security concept.At the same time,it also concerns the protection of people's vital interests and connects with political security."It must be viewed from the political point of view".In the national overall safety view,effective prevention,resolution and management of the safety risks of urban gas supply,and effective control,response and disposal of the safety related problems and challenges of urban gas supply need to be given comprehensive "responsive legislation" at the legal system level,not only headache doctors and foot pain doctors at the technical standard level.Based on the above critical summary,the author makes some theoretical construction and exploration in this chapter: first,try to explore the rational basis of the legal system of urban gas supply safety in China,integrate the theory of energy security,market structure,game theory and system design theory to form a self consistent system of system design logic;second,the law appearance law,and the rational method,from the energy policy From the perspectives of governance,economics,sociology and national overall safety,the paper systematically examines the major premise of system design to evaluate the safety of urban gas supply;thirdly,it tries to evaluate the legal system of gas safety supply in normal state with the theory of competitive and monopoly market structure at the height of the national overall safety view;and the urban safety in emergency state is examined by cooperation and game theory The full supply legal system,in the above real field,then deduces the theoretical approach of the legal system design of urban gas safety supply in China by the system design theory.It is closely related to the basic ideas and principles that the legal system of urban gas supply safety in China should adhere to.Chapter three is the experience and inspiration from abroad,mainly introduces the construction of the legal system of gas safety supply in three countries(regions),namely,the UK with the longest industry history,the earliest and most thorough reform of the gas industry marketization,and the EU,which is often facing geopolitical risks.The two countries mainly introduce the development of gas industry and the process of legal changes.The EU mainly introduces the process of legal system construction which is specially dealing with the problem of gas safety supply,especially the emergency,in order to get the basic rules of promoting competitive and efficient gas market construction and ensuring the safety supply of gas under normal circumstances,and responding to special situations The legal system design of the safety supply of gas.The development of British Gas Industry for more than 200 years has experienced three stages,from the limited competition of regional decentralized operation to the integrated monopoly operation of the country,and then to the full competition in the whole country,which shows the characteristics of legislation first and spiral evolution.The gas industry in the United States has a development course of nearly 200 years,which is divided into three stages: spontaneous growth,over regulation and competition strengthening.It has the characteristics of legislative game and the development of trial and error.The legal system of EU gas safety supply is divided into two stages: before and after the event,which is characterized by crisis driven and gradually refined institutional changes,which is divided into two stages:Russia Ukraine gas fighting led to EU gas cut-off in 2006.Reviewing the development of the gas market and the legal reform process in Europe and America,we can find that the city gas industry has been rooted in the political and economic environment of the society since its birth,and has evolved and developed in the contradiction of public products and market commodities,freedom and regulation,competition and monopoly,independence and cooperation,fairness and efficiency.As the pioneer of gas industry development,it is difficult for European and American countries to make overall consideration and top-level design for this complex problem in advance in the early stage of industry development.They are more in practice to explore and advance,namely,adhere to the problem orientation.At the same time,because the safety supply of urban gas involves many main interests,European and American countries basically insist on legislation first when solving the problems.Through the legislative game,all parties' demands are put into practice in the law.Then,according to the changes of legal practice effect and situation,the legal system is gradually optimized and perfected through multiple game of all parties.Therefore,throughout the process of the construction of the legal system of gas safety supply in Europe and America,five words can be used to summarize,namely,problem orientation,legislation first,practice verification,multiple games,iterative upgrading.Standing on today's position,analyzing its historical process and summarizing its practical experience,we can draw the following three conclusions for reference.First,the key to building a high efficiency gas market is to form a competitive market structure,rather than privatization of the main body of the gas market,which indicates the "should be" direction and focus of the legal system construction.The case of privatization and transformation of British Gas Companies in 1980 s clearly shows that privatization may be beneficial to reducing the government financial burden,but it is not necessarily able to improve the overall efficiency of the market and the overall welfare of society.The key to building a high efficiency gas market is to form a competitive market structure.The key to forming competitive market structure is to achieve "three fairness",namely,fair access to production and sales competition,fair opening of network reserve infrastructure,and fair supervision by government professional departments.To build a competitive and efficient gas market in China,we must not fall into the "privatization" puzzle and trap.Secondly,the key to ensure the safety supply of gas under special circumstances lies in handling three aspects and eight pairs of relations,which constitute the principles,ideas and key points of relevant legal system design.First,in the value concept,we should consider the relationship between the market commodity attribute and the public product attribute of gas,and emphasize the public product attribute more;the relationship between the competitive industry and the public utility nature of the gas industry should be considered in an overall way,and its public utility nature should be emphasized.Second,in response strategies,we should coordinate the relationship between self-reliance and collaborative cooperation,and emphasize cooperative cooperation;we should coordinate the relationship between prevention and early warning and emergency response,and emphasize prevention and early warning;we should coordinate the relationship between responsibility restriction and interest incentive,and emphasize interest incentive.Third,in the focus of work,we should coordinate the relationship between fair opening and encouraging infrastructure construction,pay more attention to encouraging construction;we should coordinate the relationship between getting increment and using stock,pay more attention to using stock;we should coordinate the relationship between supply side and demand side,and pay more attention to demand side management.Third,the historical experience of European and American countries shows that the legal system and market of gas market have experienced a long evolution process.Therefore,to promote the system reform of the gas industry,we should grasp the stage of industry development,seize the favorable opportunity and step by step to promote the implementation.On the one hand,the development of gas industry itself has a stage and dialectic nature.The main problems affecting the development and growth of the industry are different in different periods,and the corresponding specific legal policy objectives are different.To establish a legal system to promote the development of the industry and maintain the safety of gas supply,we should not pursue "freedom" and "competition" without thinking.On the other hand,gas industry,as a dual property of public utilities and competitive industries,and the industry involves many stakeholders,making any system reform affected by the social political and economic environment at that time.To promote the construction of the legal system of gas safety supply in China,we should also grasp the corresponding time and pursue the effect of double the effort.Chapter four enters the stage of this paper,mainly based on the basic theoretical tools of the previous article,drawing on the experience of foreign development,deeply analyzing the institutional problems in the upstream and middle and lower reaches market proposed in Chapter one.In the principle of minimizing the transaction cost of the above middle and lower reaches,the author aims at setting up and supervising policies for different market structures in the field of non natural monopoly and natural monopoly,According to the development stage and timing of China's urban gas industry,we will arrange the roadmap for the formulation,implementation and update of various specific reforms and legal systems,continuously promote the construction of competitive market structure of gas,build a high-efficiency gas supply market,and improve the basic aspects of improving the safety supply capacity of urban gas.In the aspect of the legal system construction of gas source development market,the main reasons for the system problems proposed in Chapter one can be divided into two aspects.First,the fuzzy cognition of the property of mineral right leads to the legal system emphasizing the static protection of state ownership rather than the dynamic transfer of mining rights,which leads to the problems that the legal system in the gas source development link does not adapt to the construction of competitive market.Second,the long-term dependence on government regulation leads to the transformation of administrative monopoly into legal institutional arrangement.Enterprises benefiting from administrative monopoly must clamp down the system reform which is intended to break administrative monopoly for various reasons,which leads to the difficulty of system construction.The author puts forward three suggestions,one is to clarify the fundamental premise and power of the legal system reform of the gas source development market.The innovation of the market system of gas and gas source development is not only the innovation of mining legal system,but also the innovation of the basic system of constitutional system.There is not only the concept of state ownership and property right,but also the main interests game of the competent departments and oil companies.The key to promote the system reform lies in the decision,decision and determination of the highest political level.Second,the key and difficult points of the market construction of gas source development determine the breakthrough of the improvement of relevant legal system.The construction of competitive gas source development market should focus on the domestic market.The competitive gas market system construction should be designed to promote the effective operation of the domestic market composed of primary market and secondary market,among which the key lies in the block exit system construction.Third,the specific system and standard suggestions for the construction of competitive gas source development market.We will accelerate the revision of the current laws and regulations such as the mineral resources law,establish a more strict block exit system,and introduce institutional norms to encourage overseas investment and import.In the aspect of the legal system construction of gas transmission and distribution market,the main reasons for the system problems proposed in Chapter one can be divided into two aspects.First,the internal system hinders the implementation of the investment access system for infrastructure construction,mainly the ideological concepts of the officials who are conservative and rigid,afraid of taking responsibility,and various so-called rules and regulations that are conducive to the main body of the in-place market;the departmental legislation has affected the optimization of the examination and approval system for infrastructure construction,mainly without the formation of the complementary structure of the institutions involved.Secondly,the lack of practical experience,the tradition of replacing government by enterprises and the difficulty of provincial network reform,etc.,caused the legal system of fair and open supporting system to be issued in a detailed and delayed manner;the conflict between the requirements of Fair opening of the network and the franchise rights caused the "last kilometer" of the pipeline network to be unable to be opened fairly for a while.The author puts forward three suggestions.First,the infrastructure situation of our country is quite different from that of the European and American countries.Therefore,we should pay more attention to the construction of the legal system related to the construction of the network infrastructure.Second,the key to realize the performance of the third party access system is not the supporting rules of the system,but the complete separation of the pipe network.Third,the specific system and standard suggestions for building a high efficiency and fair gas transmission and distribution market.In terms of the legal system of infrastructure construction,we should strengthen the internal system construction to support private capital entering the infrastructure construction market,open the door to revise and upgrade the construction and operation management measures;in terms of the legal system of infrastructure operation,plan to formulate the reform plan for the separation and separation of provincial and urban gas distribution networks,formulate the legal access rules for the pipe network as soon as possible,and specify the special ones Pipe network supervision authority.In the aspect of the legal system construction of the gas terminal market,the main reasons for the system problems proposed in Chapter one can be divided into two aspects.First,the social benefits of the urban gas franchise system have changed due to the remarkable changes in the structure of urban gas users,which leads to the gradual alienation of the urban gas franchise system,and stimulates the direct supply and point supply.Second,there are three internal sources of alienation of the urban gas franchise system,such as the mixing of natural monopoly and administrative monopoly,the interweaving of public utilities and profit industries,the game between market subject and government department.The author puts forward two suggestions.First,it is necessary to make clear that the key to the construction of competitive gas terminal market is to reform the urban gas franchise system,which will accelerate the formation of the market structure of "x + 1 + X" in the upstream and middle reaches,and solve the legal disputes between the city gas companies and direct supply and point suppliers,and really straighten out the price mechanism.Second,the reform of the urban gas franchise system must be carried out in advance and distributed.On the one hand,the regulations on urban gas management,the measures for the license of urban gas operation and the local regulations and government regulations on gas management issued by local governments should be revised timely.On the other hand,pilot projects should be carried out and distributed,especially the signed franchise agreements should be handled well to avoid large-scale breach of contract litigation.It is a complete system to perfect relevant legal system,build competitive gas market structure and improve the safety supply capacity of urban gas under normal conditions.It needs to plan and scientifically arrange the reform roadmap.The author thinks that,logically speaking,the first step is to promote the system reform of the middle reaches.Only after the fair opening of the middle reaches,the industrial chain is unblocked,and the market subject will dare to enter the upstream competition without any worries.Secondly,we should promote the construction of upstream gas source development market system,based on domestic supply,and make good use of domestic and international two channels and two types of resources.Finally,we can promote the construction of downstream end market system.In view of the direct relationship between the downstream end market and the livelihood security and social stability,we must plan in detail and promote it steadily.Chapter five mainly studies the legal system problems in response to the special situation of gas safety supply proposed in the previous article,analyzes and solves them one by one,and puts forward corresponding countermeasures.Under the existing technical conditions,the supply of urban gas in China almost relies on network pipelines for transportation,and there are geopolitical risks and other "black swan" uncertainties at the upstream oil and gas output end;on the downstream demand side,the wave dynamics such as seasonal peak valley difference is obvious.Therefore,the problem of peak load regulation and reserve is one of the basic problems that must be solved directly in the emergency supply of urban gas in China.Secondly,if the pipeline network can not be unblocked and unimpeded,the distribution and transportation in emergency state can not be started.The interconnection between the local gas network between different urban administrative regions and the national main pipe network and other cities' local gas network is the second basic problem that must be solved directly in China.Thirdly,we need a set of coordinated,unified and standardized legal system,which is a successful experience of natural gas supply security in developed countries,from the early warning system mechanism of emergency state to the coordinated operation mechanism to the coordinated operation mechanism to the normal after the event,and the system mechanism of after-the-event treatment and recovery of normal It is also the third of the basic problems that must be solved directly in the emergency supply of urban gas in China.Finally,the special user classification management method on the demand side determines which ci...